OFFICE OF THE DIRECTOR OF EQUALITY INVESTIGATIONS
Equal Status Act 2000
EQUALITY OFFICER'S RECOMMENDATION NO: DEC - S2001-002
Mr Tom Conroy
(Represented by Michael McDarby, Solicitor )
AND
Mr Luke Carney, Publican
(Represented by Mr Sean Foy, Solicitor)
File No. ES/2001/17
Date of Issue 22/5/2001
Headnotes: Equal Status Act 2000 - Direct discrimination, section 3(1) - Membership of the Traveller community, section 3(2)(i) - Supply of goods and services, section 5(1) - Service in pubs - Hypothetical Comparator - Risk of criminal and disorderly conduct, section 15 .
This dispute concerns a complaint by Mr Tom Conroy that he was discriminated against by Mr Luke Carney, owner of Carney's Bar, Ballinrobe on the grounds that he was a member of the Traveller Community. The case revolves around an incident in Carney's Bar on 30 October 2000 when the complainant states that he entered the pub and was told by the respondent that he was not being served. The complainant states that no reason for this decision was conveyed to him on the night. The respondent maintains that Mr Conroy was refused because he had evidence that he was a trouble-maker and not because he was a member of the Traveller community. The complainant maintains that he was discriminated against on the Traveller community ground in terms of sections 3(1)(a) and 3(2)(i) of the Equal Status Act 2000 in not being provided with a service which is generally available to the public, contrary to section 5(1) of the Act. The respondent argues that he was entitled to refuse service to the complainant under section 15 of the Act.